Our world is going on the path of digitization. Everything is becoming easily
accessible and it saves a lot of time. In education, people can access study
material on the internet. A person can access it within seconds whereas it could
take months to get the same set of information through conventional means. The
internet has provided easy solutions to every problem whether it would be home
appliances, e-commerce, connecting people, etc. We can agree that people
universally want money easily.
The Internet has made access to money very easy. People who have no means of
employment or who are insecure about their money-making skills often resort to
easy money milking machines like online gambling apps. Online gambling apps are
on the rise in India thanks to their promotion by cricketers, celebrities, and
YouTubers. Apps like Winzo, Dream 11, MPL, etc. are on the rise in India.
The
said popular people promote these apps by claiming that people would make their
money easily. The Indian people are devoted to their celebrities and they put
these people on a pedestal. They'll listen to what they say without having any
sense of second thoughts. They don't understand that gambling apps could be
dangerous too.
The legality of Online Gambling Apps in India
On paper, gambling apps are not illegal, especially games that are based on
skills. Nagaland, Sikkim, and Kerela allow online gambling apps in their
respective states however they are strictly regulated (only skill-based games
are allowed) The apps must have licenses to operate in the said states.
Telangana, Rajasthan, Uttar Pradesh, Andhra Pradesh, and Tamil Nadu have banned
gambling apps in their territories expressively.
West Bengal has no laws which
could prevent online gambling apps and although gambling apps are illegal in Goa, people still play them. Every state has its gambling laws whereas the
Public Gambling Act, of 1867 is the only central act.
The IT Act, of 2000 governs these acts. It does not punish anyone regarding
gambling apps. However, it does not allow certain foreign and illegal websites
which could harm people through immoral means. The government will do anything
to take these sites down.
A PIL had been filed in the Bombay High Court against Dream 11 App where the
petitioner accuses the app of tax evasion. However, the court dismissed the
petition by stating that the said app is a game of skill instead of chance.
Similarly, the Karnataka High Court dismissed the FIR against the founders of
Dream 11. The Karnataka Police contended that the App violates the provision of
the Karnataka Police (Amendment) Act. The founders on the other hand believe
that the prosecution has malafide intentions regarding their allegations. The
court told the state government to refrain from using coercive actions against
the founders.
The Federation of Indian Fantasy Sports issued a charter which:
- Bans minors from playing the games.
- Skills will be prioritized.
- Users can't change their selective squads, post-deadline.
- The users must exercise skills and have to comply with the games and
their rules.
- It will be real-world player-centric games
- Future based matches instead of historical matches.
- Members will not offer gambling services.
In July 2017, Delhi Police raided an illegal casino in South Delhi. Four people
were arrested. One person runs the gambling operation as well as handles all
transactions and their details. A woman was said to be the mastermind of the
operation. The police seized Rs 35,800, a portable workstation, a landline
phone, and seven CPUs.
Critics of Gambling Apps
Many people believe that despite their legality, gambling apps can still act
like vultures. Critics say that gambling apps like Dream 11 will never be found
on Google Playstore because Google itself does not allow money-based contests.
They further corroborate the criticism by stating that people will still lose
their money even if they win a gambling match.
One critic says that ever since
the rise of Jio, many young and impressionable people are in the initial stage
of understanding the internet. Most of them don't understand the advantages and
disadvantages of gambling apps because of their desperation to make money. The
app companies would often use their desperation for profit. Another argument
against gambling apps is that it creates gambling addiction and gambling
addictions could often time be very dangerous since most people spend their
money on these apps.
Some even say that games like Ludo now have elements of
gambling in them. Critics say that celebrities don't tell the audiences the
terms and conditions of the gambling apps. The lack of transparency by the
celebrities towards the audiences often makes critics wonder if the celebrities
are preying on the people.
Apple received class-action lawsuits regarding the app called Zynga. Detractors
say that Apple allows an act that preys on the people's hard-earned money. It
also violates the provisions under the US's states' gambling laws.
Another issue regarding the use of gambling apps is privacy. Ludo All-Star is
one of the 267 companies that have been banned in India because the Indian
Government claimed it is a Chinese App. Post-Galwan Dispute has made India ban
Chinese Apps. One reason is apps like Tik Tok could sell personal data to China
which could be used for threats, extortion, or to put it simply, world
domination.
The US Pentagon has forbidden the use of Tik Tok in the office and
has recommended their staff not let their children use Tik Tok. The issue of
privacy was the major concern regarding gambling apps.
The issue of privacy also made Google review every app to protect user privacy.
Any app that does not meet the criteria is removed by Google.
Conclusion
In 2015, two YouTubers Syndicate and TmarTn have used their influence to promote
CSGOLotto Inc. In this company, people can buy skins through gambling means in
the popular first-person shooter game "Counter-Strike: Global Offensive". Since
the company has questionable legality, the FTC sent them warning letters to
twenty-one social media influencers including the two above-mentioned
influencers. The two influencers promote their gambling site on their YouTube
videos so many complaints were filed against them. If the biggest gambling scam
happened to one of the biggest mainstream games then imagine what would happen
if Dream 11 ever face such a scandal.
Gambling apps are between the line of legal and illegal. On one hand, the Indian
laws are not strict enough to enforce regulations on them. While these apps
could potentially prey on people's plight. It is time that the government makes
policies regarding gambling apps. If there are massive losses of people's money
then these apps and their founders must be held accountable for these actions.
Gambling Apps are like Multi-Layered-Marketing. It promises people with little
income to make easy and quick money. However, in most cases, they turn out to be
scams. The government must ensure that people's money is not looted for profits.
The responsibility also lies with the people because they should do a background
check on the gambling apps. They need to see whether the apps are safe, legal,
and delivers the expectation of the people.
In the end, it's based on choice. People can play gambling apps but at the same
time, they should know the terms and conditions as well as the dangers revolving
around these apps. They should also seek legal remedies should they lose their
money. That we could make our online space more mature.
Reference:
- CSGO Lotto Owners Settle FTC's First-Ever Complaint Against Individual
Social Media Influencers
- Online gambling : still a confusion
- Google Takes Stricter Stance On Privacy For Gambling Apps
- Emergence and legal analysis of fantasy apps
- Online Gambling Apps in India: How Does It Work? Is It Legal?
- Why are gambling apps so promoted in India right now?
- Biggest Scam In YouTube India.
- Indian Youtubers Ruining Youth (Promoting Gambling Apps)
- Shwetabh BLASTS Big Youtubers who Promote Gambling apps
- Bombay High Court Rules In Favour Of Dream11, Calls It A Game Of Skill
And Not Chance
- Karnataka HC quashes FIR against Dream11 co-founders Harsh Jain and Bhavit Sheth
- CSGO Lotto Owners Settle FTC's First-Ever Complaint Against Individual
Social Media Influencers
- Apple slapped with class action suit over gambling apps
- Ludo All Star developer YOOZOO Games responds to App Ban.
- Complete list of 267 Chinese apps banned in India: PUBG Mobile, TikTok,
AliExpress and more
- How Social Media Platforms made Right to Privacy into a relic of the
past
- Chinese apps are collecting way too much data
- Online Gambling laws in India
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